Background
This amendment to the Native Title Act 1993 (Cth) (NTA) is to extend the operation of Subdivision JA for another 10 years. Subdivision JA provides a process to assist in the construction of public housing, staff housing and public facilities for Aboriginal and Torres Strait Islander people in communities on Indigenous-held land. The amendment is intended to support relevant authorities to continue to meet unmet public infrastructure needs while continuing to safeguard the rights and interests of native title holders and claimants.
Legislative Impact
Subdivision JA is a part of the future acts regime found in Division 3, Part 2 of the NTA. The future acts regime sets out how acts that will affect native title can be undertaken. If an act will not affect native title it will not be subject to the NTA. If an act will affect native title, it will be valid to the extent of any effect on native title only where it is covered by one of the subdivisions of the future act regime. Currently, the future act must be done within 10 years of the commencement of subdivision JA, this amendment extends the operation of this subdivision for another 10 years.
Commentary
Senator Lidia Thorpe was vocal in criticism of the Amendment, suggesting on behalf of the Greens that it only be extended for another year. Her view was that it undermines free, prior and informed consent over developments on country. Don Farrell spoke on Thorpe’s suggestion affirming Labor did not support her view, agreeing with the Assistant Minister for Reconciliation that proper good-faith consultations take place with affected communities. He reiterated that this subdivision should only be used when strictly necessary to facilitate urgent construction. Anne Rushton, on behalf of the Liberal Party echoed Farrell, citing the need for certainty in remote communities and the risk of delaying critical public infrastructure.